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RSBY NY Builders

Description

Fernando Vanegaz was killed and two other workers were injured when a wall collapsed on them. According to news reports, Michael Weiss, owner of RSBY NY Builders and another company called Park Ave Builders, had hired seven workers with little to no training to demolish a store on Myrtle Avenue. The workers were performing excavation work around an existing cellar and warned Weiss of safety concerns due to the instability of the adjacent walls. They had requested materials necessary to shore up a wall, but Weiss ignored them. The wall collapsed on the three workers, causing Vanegaz to suffer severe injuries from which he died at the scene, including head trauma, head lacerations, broken legs, and cardiac arrest. A second worker suffered a fracture of the lumbar vertebra, a fractured hip and injury to his spine. He has undergone multiple surgeries and continues to have difficulty walking or engaging in physical activity. A third worker also suffered a lumbar vertebra fracture, a fractured nose and skull and orbital area, a crushed face and scalp, a fractured rib and other facial bone fractures. Weiss also allegedly paid another construction company $10,000 to obtain permits from the Department of Buildings because Weiss did not have the proper licenses needed for concrete and demolition work.

Prosecutors

Senior Assistant District Attorney Samantha Magnani; Assistant District Attorney Meredith McGowan

Incident Type

Wall/Building Collapse

County

Brooklyn

State

New York

Date

September 3, 2015

Available case materials include

  • Media Clips & Gov't. Press

OSHA Inspection

Contact for Additional Information

Unavailable

Victims

First Last Age Title Employer Injury Type
Fernando Vanegaz 18 Unavailable RSBY NY Builders Fatality
Unavailable Unavailable Unavailable Unavailable RSBY NY Builders Injury
Unavailable Unavailable Unavaiable Unavailable RSBY NY Builders Injury
Unavailable Unavailable Unavaiable Unavailable RSBY NY Builders Injury

Defendants

Name Type Title Plea Information Conviction Sentence
RSBY NY Builders Entity Entity Unavailable Unavailable
Penal Crimes Charged

Unavailable

Other Crimes Charged

Unavailable

Park Ave Builders Inc. Entity Entity Unavailable Unavailable
Penal Crimes Charged

Unavailable

Other Crimes Charged

Unavailable

Unavailable Unavailable Co-Conspirator Unavailable To be arrainged at a later date. Brooklyn DA has not released name of the company.
Penal Crimes Charged

Second Degree Reckless Endangerment (2 counts)

Other Crimes Charged

Unavailable

Michael Weiss Individual Owner Pleaded not guilty Unavailable
Penal Crimes Charged

Second Degree Manslaughter; Criminally Negligent Homicide; Second Degree Reckless Endangerment; Third Degree Assault; Third Degree Grand Larceny; Fourth Degree Criminal Tax Fraud; First Degree Falsifying Business Records (N.Y. Penal Law Sec. 175.10); Offering a False Instrument for Filing (N.Y. Penal Law Sec. 175)

Other Crimes Charged

Workers Compensation Code violation for Failure to Secure Compensation (N.Y. WKC Sec. 52); Workers Compensation Code violation for Fraudulent Practices (N.Y. WKC Sec. 114)